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(영문) 서울중앙지방법원 2018.11.14 2017가단5207249
손해배상(자)
Text

1. The Defendant: (a) KRW 37,176,844 for each of the Plaintiff A and B; and (b) KRW 39,285,714 for each of the Plaintiff C; and (c) from March 11, 2017 for each of them.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) E is a Fcar at around 07:10 on March 11, 2017 (hereinafter “Defendant Vehicle”).

) While driving the vehicle and parking the vehicle in front of Jongno-gu Seoul Metropolitan Building, H in the vicinity of the above building was shocked with the back part of the Defendant vehicle (hereinafter “instant accident”).

2) On March 19, 2017, H (hereinafter “the deceased”) died of the instant accident with a multi-purpose period of time around 22:50.

3) The plaintiffs are the wife and children of the deceased, and the defendant is the insurer who has concluded the comprehensive automobile insurance contract with I and the insured as the special terms and conditions of family drivers with respect to the defendant's vehicle. [Grounds for recognition] The defendants do not dispute, Gap's 1 through 4, 7, Eul's 1 through 4, 7, and 8 (including paper numbers, and the purport of the whole pleadings).

B. According to the fact of recognition of liability, the defendant is liable for damages suffered by the plaintiffs due to the accident of this case within the limit of liability insurance (in the case of death, KRW 150 million in the case of injury, KRW 30 million in the case of injury) as the insurer of the defendant vehicle.

C. However, the Deceased’s liability is limited to 85% of the Defendant’s liability in consideration of such circumstances as the Deceased’s negligence was found to have known that the Defendant’s vehicle was moving around the place where the Deceased was located in order to park, and thus, the Defendant’s liability is limited to 85% of the Defendant’s liability, inasmuch as the Deceased’s negligence caused the instant accident and the expansion of damages.

2. Except as otherwise stated below within the scope of the liability for damages, each of the corresponding items of the Schedule of Calculation of Compensation for Damages, and the period for calculation convenience shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

The parties' arguments are separate.

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